Last updated on August 18th, 2015 at 02:29 pm

The 55 year old woman had lived with her ex-partner for 30 years, during which time she had helped to run a successful cattery and kennels business in Kent.  Her ex had bought the house and business himself in 2007 for £750,000.  The woman trusted that if they ever split up her partner would allow her a share in the house and business.  Clearly he thought differently and the County Court judge awarded her nothing, saying that he could only apply the law and had to ignore his ‘human sympathies’ – leaving her homeless and effectively penniless.

Many couples mistakenly take the same view as this woman; often believing they are protected by the myth of ‘common law’ and entitled to a share of any assets – even if they haven’t paid for them.  The law, however, does not currently offer such protection to parting un-married couples – despite a report by the Law Commission in 2007 which recommended that the laws should be reformed to give co-habiting couples the same right as married couples.  Allowing the appeal to go ahead, Lord Toulson accepted that the County Court judge had no option but to apply the current law, but said he believed it to be harsh, usually on women, and that this woman had found herself in the ‘classic position of a woman jilted in her early 50s’.

For any such appeal to be successful, the woman will have to provide evidence that there had been an original intention that she would have a share in the property and business – which is always very difficult.  Without evidence to the contrary, when an un-married couple separates, in general, each of them retains the assets that are in their name – even if this is a family home or business.  If un-married couples intend that they should share assets if they separate, they should put it in writing in a document such as a co-habitation agreement.  This can clearly state what each person is to receive and provides clarity that can avoid the sort of battle that this poor woman now has to face.   Without such a written agreement the process can be lengthy and costly as the courts have to look at the relationship during the couple’s time together and at financial and non-financial contributions made by each of the parties.

Graysons WE’s award winning family department, based in Sheffield city centre, has a wide range of expertise and many years’ experience of helping co-habiting couples to separate as well as securing interest in property and other assets.  Please contact one of our team.